NEWSBUZZ - BUGGING PLANTS

Local defense lawyers are up in arms after discovering that the Portland
Police have been secretly tracing phone calls--perhaps for years--to get
leads on suspected marijuana growers.

Defense lawyers, led locally by Pat Birmingham, discovered earlier this year
that the Portland Police installed a device called a trap on the phone line
of American Agriculture. The store, located on Southeast Stark Street, sells
high-tech indoor growing equipment, and police suspect it's a favorite
outlet for marijuana growing supplies.

A phone trap records the phone numbers of all incoming calls.

The Marijuana Task Force has used the trap to trace the numbers of the
company's customers and find their street addresses.

The cops then knock on their front doors and begin asking questions.

These "knock and talks" have led police to basement marijuana grows.

It's unclear how long the trap on American Agriculture's phones has been in
place or how many arrests have stemmed from calls traced to the store.

Two things bother defense lawyers about the set-up. First, they wonder why
the police have kept it secret for so long when lawyers are supposed to be
told what led police to their clients. "I know in my cases when I asked
where did you get the information on my client, they were evasive," says
Michelle Burrows.

The second problem is the legality of the trap, which requires a warrant
signed by a judge.

In order to get the warrant, police must have probable cause to believe a
certain individual is involved in criminal acts, according to Larry Olstad,
an investigator for the defense.

Deputy District Attorney Mark McDonnell says that the police had signed
warrants for the trap; however, the defense bar contends they were obtained
illegally.

Not only did the trap fail to target a specific individual, but the warrant
was renewed over and over again.

State law says the trap may be placed on a phone for up to 30 days (and for
an additional 30 days beyond that with a judge's OK).

A judicial hearing on the trap's legality is scheduled for Dec. 15. If the
device is ruled illegal, defense lawyers say they'll move to have cases
against their clients thrown out.

Checked-by: Rolf Ernst